There are multiple issues here that need to be explored dealing with the status of this breathalyzer and how close others were to the police station, when did the officer know that it was down, etc. Calling you a "refusal" makes things so much easier on the police but they likely denied your rights.
Please consider calling a qualified DUI defense attorney to discuss this further. Many will offer a free consultation, myself included. You only have 7 days from the date of the alleged offense to protect all of your rights.
Best of luck to you.
No answer here should be considered to form an attorney-client relationship. You should consult with a licensed attorney in your jurisdiction so that a full evaluation of the facts of your case can be conducted.
This issue is more complicated than many think. Especially those who don't practice in CO and are unfamiliar with CO law. You should only listen to the advice and responses from a licensed CO attorney and more specifically, a licensed CO attorney who focuses on DUI Defense.
There are too many issues with the above facts and scenario to address on a site like this. I strongly recommend you consult with one or several DUI attorneys in the Denver Metro Area so that you can make an educated and informed decision on ho to handle this case. Again, you only have 7 calendar days to request a hearing at the DMV on a refusal case. Do not forego your right to this hearing. Take advantage of Free Consultations so that you can be assured that you don't miss any deadlines and preserve your rights. I would recommend calling Mr. Buckley or you can call my office for a consultation. There are several qualified DUI Defense attorneys on AVVO that you can contact for consultations.
My decision to answer your question does not construe an attorney client relationship. My opinion is based on the facts you have provided. Before making any decisions, you should always consult directly with an experience attorney, either in person or via phone.
A roundup of the best tips and legal advice.